Denver attorneys Pamela Robillard Mackey and Norman R. Mueller, of the law firm Haddon, Morgan and Foreman, P.C., were substituted as counsel.

Mackey declined to comment because the case is pending.

In the motion to dismiss, the defense argues that the state’s theories of premeditation, a scuffle between husband and wife, transport of her body to the log and suggestions of a chase are all speculative.

The court agreed that there is no evidence in the record that Mueller transported his wife, either while she was alive or dead, to where her body was recovered, according to the court document. It also stated there was no evidence that there was a chase, that her face was held under water nor where she drowned.

In Colorado second-degree murder is punishable by up to 48 years in prison. First-degree murder is punishable by life in prison.